Indian cause in the laws of the Indies, Part II

The 16th Occasional paper of the University of Utah's American West Center, part 2, includes English translations of the text of Spanish King Philip II's Ordinances on New Discoveries from 1573.

Part I I THE INDIAN CAUSE IN THE IAWS OF THE INDIES Table of Contents for Part II THE INDIAN CAUSE IN Tlill IAWS OF THE INDIES Introduction i King, Encomienda, and the Indians after 1550 i Preeminence of Temporal over Spiritual Officials i Decrees on New Discoveries ii Philip II's Ordinances on New Discoveries, 1573 1 Discoveries by Overland Expeditions, to be accomplished without harm to the Indians 2 Discoveries by Naval Expeditions 3 Priests or other Religious to carry out process of Conversion 4 Indians may be taken as Interpreters 5 Gather information about Inhabitants, about their Religion, the Idols They adore, their culture, and the knowledge they possess; Whether They have elected or hereditary kings, or republican or tribal government; Whether They value Metals, and whether there are spices, cultivated plants, animals, etco 5 A Priest may remain among the native people if he chooses 6 Under no circumstances will Discoverers get involved with Indians in War or Conquest 7 Discoverers will keep records and daily memoirs about anything They see 7 Discoverers not to bring Indians with Them from discovered Lands, except as interpreters 8 All Lands to be discovered for preaching of The Gospel and bringing Natives to Our Holy Catholic Faith 9 Persons in charge of new discoveries to be noted for their religious faith, good conscience, desire for peace, and intention to convert the Indians Discoveries not to be considered under conditions of a Conquest; Indians not to be harassed or harmed New Settlements: to be populated by .Spaniards "as well as by Indians" 9 10 . li Main Purpose of New Discoveries will be to preach the Gospel to Indians and natives 12 Region for establishment of Towns to be chosen without harm to, and by the consent of the Indians 13 On the choice of sites for villages and capitals, and of Officials for Governance 14 Provision of Laborers in the New Land 16 The assignment of Indians in Encomienda 17 Indians may be taken from established Provinces for new Settlements 22 Obligation of Person who agrees to found a New village of Spaniards 24 Privileges and Honors to be bestowed on Those who establish New Settlements 26 New Settlement to be in an Unoccupied Place, which Spaniards will occupy without causing any harm to Indians and Natives 30 Instructions for establishment of New Settlements 31 Assignment of Lands 34 Planting of seeds, grazing of cattle 36 Construction of Buildings 36 If the Indians cannot be persuaded to receive the Spaniards peacefully - 37 Cattle will be taken where they will not harm the Property of the Indians 38 Pacifications: Spaniards will establish friendship with leaders and Chiefs who have influence 38 "The Natives must first be taught and, after they have been instructed, they will become convinced to abandon those things which are contrary to our Holy Catholic Faith." 39 Indians who accepted Spaniards "have been taught how to be civilized and wear clothes and shoes" 40 How to use sons of Indian leaders as Hostages, if Indians do not respond readily to indoctrinationo 40 Ways of attracting Natives who "do not wish to receive the Christian doctrine peacefully" 41 When Land is at peace and "natives have been reduced to Our obedience" the repartimiento and encomienda system with the payment of Tribute will be introduced 42 The Spaniards will see that the Indians allotted to them are settled in towns and that churches are built so "they may be educated to live in a socially acceptable manner .. " 43 Philip II and the Compilation of the Laws of the Indies Compilation of Laws, 1571 45 Organization of the Council of the Indies 47 5. The Council shall have as a "principal concern" the conversion and teaching of the Indians 47 6. Council shall see that Indians understand that "Our Lord has placed them under the protection and shelter of His Majesty for their own good.," 47 37 .. No member of Council shall have Indians in Repartimiento, nor shall their "sons or daughters be allowed to marry any person who has Indians in Repartimiento at the time of the ma rri.age .. " 52 The Presidents of the Council 44. They "shall take pains to understand what is suitable to ordain and provide for the good guidance and care of the Indians" 53 53 The Attorneys of the Council 54 The Secretaries of the Council 56 Notaries of the cfmara and Governing C~mara 57 Notaries of the Juridical Camara 60 Court Reporters 60 The Bailiff, Accountants, Treasurer, and Officials of the Council 61 The Chronicler - Cosmographer, later to become two separate off ices 62 He "shall write the general history of the Indies" (119), and "shall compose a natural history" (120) 62 Closing Statement: concerning obedience to and disposition of the Laws 63 The Recopilacion of 1681 64 The Spanish kings who wrote the greatest number of laws for the Indians 64 Book VI is devoted entirely to the Indians, but each of the nine books has some laws that refer to the Indians 64 Professor Haring on the significance of the Recopilacion of 1681 64 Felix So Cohen on the Spanish influence on Indian law of the United States 65 Professor Charles Gibson on the destruction of the Indians by Spaniards 67 Compilers of the Recopilacion of 1681 67 Using the Recopilacion 69 Book VI of the Recopilacion Containing Laws Concerning the Indians 77 INTRODUCTION After the publication of the New Laws of 1542-43, the encomenderos convinced the King that the institution of the encomienda was necessary to keep the support of landed Spaniards in the Indies, by the revolt in Peru and the threat of revolt in New Spain. not, however, cause Him to favor that institution. They did Because He was un- able to eliminate it, Charles I and His successors proceeded to pick at it piecemeal by writing laws to limit the free use of the Indians held in Encomienda. A network of royal officials was established to check on the activities of the encomenderos and local officials to assist with the enforcement of these laws. Frequently the language of the law would include the idea that, if the official did not see to it that the law was enforced, the neglect should be on his conscience. In Catholic Spain this meant that it would be to his eternal damnation. The blame was being transferred from the conscience of the King to the conscience of His representative. As a further check, the fine attached to the failure to honor a certain law was sometimes divided between the royal treasury, the officiating judge, and the informer; so someone was always watching everyone, and you disobeyed at your own risk. But in such a system there seemed to be ways for powerful people to bring their influence, and wealth, to bear on those who might try to bring them down. The failure of Bartolome" de Las Casas and his followers, with the support of the King, to have the encomienda eliminated, eventually re- sulted in the preeminence of temporal officials over the spiritual in matters that related to the.Indians. "The change in the Crown's Indian policy, which began with the accession of Philip II, was reflected in innumerable cases, and especially in the growing disinterest of the Council of the Indies in Indian problems- •.• " Cedulas that referred to Indians were once a major part of the total; now they decreased sharply "as the council relegated Indian affairs to the civil authorities in the colonies." A studied.effort was made to avoid friction between the re- ligious and the encomenderos. "Clearly, such provisions excluded direct action by the church, the basis of Las Casas's policy." (Juan Friede, "Las Casas and Indigenism in the Sixteenth Century," in Friede and Keen, Bartolomt de Las Casas in History, 196 ). Another significant defeat was the revocation of the decree of 1549 that prohibited new conquests. Great damage was done to the Indians by the conquistadors and Las Casas had exerted great effort to have their activities curtailed. The excuse for the revocation by the decree of May 13, 1556 was the need to rid Peru of a number of "idle and licentious" persons who could be occupied by such pursuits, without regard to the possible damage to the Indians. Philip II replaced the 1556 decree with the ordinance of July, 1573 "for the New Discoveries, Conquests and Pacifications" that very carefully guarded against the use of force in carrying out new expeditions for the "pacification" of the Indians and the occupation and establishment of settlements in new territory. This statement, along with earlier and later laws that were accumulated on the subject, became Book IV of the Recopilacion of 1681. Philip II and the Compilation of the Laws of the Indies We have included the Laws of Burgos, 1512-13, and the New Laws of 1542-43 in Part I, above. devoted largely to the Indians. Both of these compilations are The greatest compilation for the entire colonial period was the Recopilacion de Leyes de los Reinos de las Indias, published in four volumes at Madrid in 1681, to be followed by several later editions. Work on such a compilation had begun more than a hundred years earlier. Philip II had a "Compilation of Laws" published in 1571, which included the laws of Charles I, the "New Laws" reproduced in Part I, and 122 laws of His own dealing with the organization of the Council of the Indies. "Book II of the Recopilacion, 11 He refers to these as and Book II of the 1681 Recopilacion also covers the Royal Council of the Indies. In the closing statement to the 1571 compilation, Philip II makes further reference to the forthcoming Recopilacion as follows: "Later, you will have these laws printed and incorporated into the said Recopilacion so that with the rest of the laws already in the Recopilacion, they shall be published, preserved and perpetually ob- served." We are including a translation of the opening and closing statements, and the headings for the 122 laws in Philip II's 1571 compilation so the reader can compare them with what appears in Book II of the 1681 Recopilacion: 46 COMPILATION OF LAWS King Philip, II, 1571. Know ye that We have commanded that the laws and provisions which until now have provided for the good government of the Indies be newly compiled and published. In order that all of these laws and provisions may be known and understood, those that are no longer in effect will be eliminated and that which was left out previously will be included, and the dubious and uncertain laws will be clarified and made known. For these reasons the laws have been classified and made available under common titles and subject matter for everything resolved in earlier legislation. It is Our wish that said laws agreed to and resolved by the members of our Council of the Indies shall be published so that they may be understood and obeyed by all. Since the laws to be included in Book II of the Recopilacion that give the authority to govern in temporal affairs to the Council have already been reviewed and discussed, We order and command that these laws be published so that they may be observed and enforced by the Council according to the instructions included therein while the Recopilacion is being continued and completed. The Council of the Indies lo Consideration of the benefits and favors which Our Lord has granted to His Majesty. 47 2. The Council shall have supreme jurisdiction over all the Indies and shall be allowed to consult with His Majesty concerning the laws and general and particular affairs of state as they may arise. 3. .The Council shall endeavor to secure a complete and ac- curate description of the conditions of everything in the Indies over which they may have administrative authority. 4o The Council shall take charge of dividing and distributing all of our territories of the Indies into viceroyalties, provinces, etc., so that one shall conform with the other. 5. The Council shall give precedence to the principal concern which shall be the conversion and teaching of the Indians, and toward this end they shall take all necessary means in order to unburden His Majesty's conscience. 6. The Council shall always make sure that everything concerned with the care and good treatment of the Indians shall be done in such a manner that they will understand that Our Lord has placed them under the protection and shelter of His Majesty for their own good. 7. The Council shall always take the utmost care to search for ministers of justice who shall be suitable for the service of God and of His Majesty. 8. The Council shall endeavor always to know and understand how to fulfill and execute what has been resolved and commanded, punishing with rigor those who fail to comply$ 9. Every Wednesday of every week, and as many more times as 48 they are able, the Council members shall talk over and occupy and make themselves aware of those things which may serve His Majesty and the ways his treasury may be benefited most advantageously in the Indies. 10. That as much as possible, the Council shall abstain from involving themselves in affairs of justice between private factions. 11. The Council shall always make certain and shall provide that the confidentiality of whatever subject is discussed by the ministers and officials in the Council meetings shall be guarded. 12. Whenever the Council shall be obliged to resolve and es- tablish laws or general provisions, they shall first fully and accurately apprise themselves regarding the matters which will come before them for their decision. 13. As soon as any letters· and dispatches are received, they shall be taken to the Council and shall be read immediately. ·Even though they are reading, the Council shall not delay themselves by providing anything which is requested therein other than making a note of what the message appears to contain and dictating this for the clerk / of the Camara to take care of. 14. The Council members shall endeavor to pattern the [form and manner of government of the] provinces they establish according to the form and system by which those of Castille are ruled and governed. 15. Loss of time is the greatest problem of all, and therefore We advise members of the Council, Viceroys and Audiencias to resolve whatever they must with speed and promptness. 49 16. The Council shall always endeavor to give an order for publication of the decrees of His Majesty whenever and wherever it is advisable except when it appears to the Council that a particular decree should be kept secret. 17. On the first Monday of each month, the Council should notify His Majesty of any business matters and transactions which should be referred to Him for consultation in order that He may direct when and how the Council is to conduct the consultation. In the meantime, if there should be some matter which requires a prompt decision, the President may conduct the consultation alone, if it does not appear necessary that one of the other members should be taken along, which in such case he may do. 18. There shall be two books in the Council: one to make a record of the rest of the consultations as a reminder for the consultant, and in the other will be written down the consultations [which have taken place]. Both books will be protected in the Council in secrecy. 19. In the referrals made to His Majesty for favors and com- pensation for services, the Council shall describe in full the meritorious qualities and services of those who have served, how and where, and any compensation which has already been given to them, as well as the information and testimony on which these favors and compensations are based, and whether or not the Crown attorney opposes it. 20. / The scribe of the governing camara shall be in charge of the Council's book which records the favors that are given in these 50 parts just as he is for those which are bestowed in these kingdoms. 21. No petition for favors shall be reacted to nor resolved, either for favors or compensation for services, by the Council unless the President and members of the Council are present. 22. Testimonial information shall not be returned to the in- formants, and in the official quarters great care must be taken to keep this information guarded and secret. 23. Members of the Council shall abstain from becoming in- volved in matters of justice between parties in order that they may have more time for government business, inasmuch as they will be informed of the official inspection and judicial action for second petition and the rest of the legal action. 24. Neither the court's alcaldes nor other judges of this Kingdom may interfere in any way where the said Council is in residence, either to know about or be informed of transactions and pending cases of the Indies. 25. No ecclesiastical judge may interfere by inhibiting mem- bers of the Council, and members of the Council shall be able to issue promptly any documents and decrees which they consider necessary in order that their power may increase. 26. Members of the Council shall meet and remain together for three hours every day, and on Monday, Wednesday and Friday they shall assemble together for two hours in the evening, as well. The Council shall not begin to consider matters until at least three members are present, at which time they shall begin to count the time. 51 27. If a courier with an official message should arrive during the day when the Council is not in session, or a case demanding a brief reply should present itself, the President may assemble the Council at his home and advise the scribe of the governing c'mara of his action. 28. At the beginning of each meeting, the Council shall resolve government matters or those matters which have been referred to the Council, following which the President shall distribute the cases to judicial courts according to the order which herein refers to them. 29. The President shall use extreme caution in making judgments on legal matters and lawsuits of parties who are absent, especially thse concerning Councils, provinces and universities. 30. No petition which has been read one time by the Council may be returned again to be read; nor may the secretaries receive petitions without permission from the President. 31. No transaction related to services or any other petition shall be considered by the Council a third time. 32. A majority vote of the Council shall determine the judg- ment in cases of government and favors. Should the vote be equal, His Majesty shall be consulted and the matter shall not be referred to any other judge outside the Council. 33. In those controversies involving 500 pesos and over, three members of the Council shall be in agreement. In controversies in- volving less money, two votes in agreement shall permit sentencing. Only two councilors will be required to assemble to learn about and 52 to determine cases involving lesser amounts. 34. No less than three judges shall be required to determine lawsuits involving at least 500 pesos or in criminal cases which may require corporal punishment, removal from office, or monetary judgment in the above amount. 35. Each member of the Council will in his turn dispatch the draft of all judgments made for the week except for the executory which will be signed and dispatched by the most recent member of the Council. 36. All authorized transactions of the Bulls, briefs, docu- ments and important legal instruments shall be recorded in the Council's book, and the originals of these papers shall be kept in the Archive of Simancas. 37. No member of the Council shall be permitted to have Indians in Repartimiento even though he shall have residence in the Indies, nor will any of his sons or daughters be allowed to marry any person who has Indians in Repartimiento at the time of the marriage. 38. None of the officials of the Council nor their children, relatives, servants, intimate friends or persons closely connected with them shall be legal representatives or petitioners in transactions of the Council. 39. Members of the Council shall not be accompanied by nor should perform any service for either the negotiators or the litigants unless it be while coming from or going to the Council. 53 40 .. Members of the Council shall ordinarily remain in their homes during the time they are not serving in the Council so that they may provide easy and gracious hearings. 4L . They shall neither bring nor introduce petitions into the Council, nor shall they ask that they be read. 42e Neither members of the Council nor any judge of the Council shall accept anything whether loaned or given by parties of a lawsuit which is in negotiation, nor from persons who have or hope to have negotiations with them. Neither shall the members of the Council write letters of recommendation to the Indies. II. 43. The Presidents of the Council If the President is well versed in law, he shall have a vote in matters of government, favors, grants, Visitas and Residencias. If the President is not versed in the law, he shall be able to vote only in matters of government, favors and grants. 44. The President of the Council shall take pains to under- stand what is suitable to ordain and provide for the good guidance and care of the Indians and for the increase of the Royal fortune. He shall explain this in the Council so that they can talk this over and settle upon what is necessary. 45e No kind of compensation shall be allowed for any appoint- ment to office. 46. The well-deserving persons who have served in those parts 54 or those who are just going to serve or shall later serve shall be given preference for offices and benefits. 47. No relative closer than the second degree of kinship, nor servants or intimate friends of members of the Council or the of ficials or employees of the Council or those of the Viceroys, presidents, judges of the Indies or any other person they ahve to provide may be appointed to any office or be provided with any benefice. 48. The President shall segregate important matters and en- trust them to members of the Council. He shall personally write on each case his recommendations, and these cases shall be taken back to the Council every Monday, Wednesday and Friday. 49. The President shall go to the Council meetings every morn- ing and evening and shall assign the court rooms to the best of his ability and shall distribute the lawsuits according to the command which has been given. Should the President not be present, the per- son with the most seniority shall preside. 50. The President shall have a record of all the transactions which have been handled. III. 51. The Attorneys of the Council The Attorney of the Council shall take care to investi- gate and to know how to fulfill his obligation and protect that which has been resolved and ordained for the good government of the Indies, and to demand that the laws be kept and executed. 55 52. The Attorney shall receive the same salary and financial aid as any member the Council and his place shall be first after those of the Council. 53. In order that the Attorney may be able to fulfill his duties of office, the Council shall, at his request, provide him with all official dispatches so that he may send them on to the attorneys of the Indies and they shall take care of the necessary proceedings and petitions. 54. The Attorney shall be given all information, recorded re- quests, subject matter of letters and other matters which he may find necessary to conduct the business of his official capacity. 55. When judicial inquiries and residencias are to be heard in the Council, the Attorney shall have previously studied these matters. In order that he may have more time to do this, he shall be excused by the President from the evening meetings of the Council at his own request. 56. The Attorney shall keep a book in which is recorded the contracts and agreements which are made, and shall petition for their completion. 57. The Attorney shall keep a book and record of all· judicial actions and the status of each. He shall refer these cases to the Council each week with-the request they be examined. 58. The Attorney shall not postpone court action when the Treasurer is the accused, nor shall he delay the procedures. In 56 order that all notifications shall be considered as legal, they must be certified by a notary. 59. The Attorney shall be able to say and to allege whatever he deems advisable against petitions for grants, compensation, information and opinions, and copies of information he requests shall be given to him. 60. When any new claim concerning affairs dealing with the Indies is put before the Council by the Attorney, it shall be accepted. The same shall be true if any person shall present a claim against the Phtorney of the Council. 61. The accusations that the Attorney may make shall not re- quire the usual penalty fee deposit if he will name the Treasurer of the Council as depository. 62. The Attorney shall keep a book for recording all of the maravedfs which are issued for the prosecution of court cases. 63. The Attorney shall be responsible for being cognizant of what persons among those who hold office or serve His Majesty in the Indies have neglected to send a report each year of the fulfillment of obligations with necessary explanations. 64. There shall be a Solicitor. IV. 65. The Secretaries of the Council Regarding that which is delegated to the Secretary to do, and what his responsibility is. 66. The Secretary shall not enter into the Council room except 57 when he may be summoned and he shall not be present at· discussions over voting nor discussions to determine any business matters of the Council. He is to be instructed what seat he shall have. V. ~ Notaries of the Camara / There shall be two Notaries of the Camara: one shall handle government matters and the other shall handle all other nego-tiations and judicial actions. 68. The Notaries shall register and authenticate the decis- ions and responses of the Council, and they shall issue the dispatches to conform with the Council's decrees. 69. The Notaries shall read and make summary reports of all petitions, and shall put the decisions made at the bottom of each one. 70. The Notaries shall not be Recorders,nor shall they keep the book which records and seals all decisions and dispatches in their homes. 71. The Notaries shall customarily be present at their offices whenever they are not in the Council. VI. 72. ~ Notaries of the Governing Camara These Notaries shall keep the Record Book in which they shall record to the letter everything that is officially decreed and all that has to be done. 73. In the Record Book, no dispatch shall be recorded until 58 it has been approved by His Majesty. 74. These Notaries shall have the Record Books bound properly and placed in their archives and chests without letting anyone who is not officially entitled to either see or read them. 75. The Notary shall be responsible for the Book of Inscript- ions which must be kept for the Council. 76. The Notary shall be responsible for making a summary of every decree, document and charge in letters and general and particular dispatches which are concerned with government matters. 77. The Notary shall summarize the important and main points of everything that is requested or written in letters of petition or in legal briefs concerning government matters, and then he shall have books.made as has been described. 78. The Notary shall have a continual and perpetual record in books showing all positions and offices, both as to rank and monetary benefits, which have been granted in the name of His Majesty or by His command. 79. The Notary shall keep a separate book from the Registry in which all contracts shall be recorded. 80. Concerning the documents and letters which refer various cases to the ministers or judges of the Indies or which request information on certain mattters. 81. The Notaries shall keep a separate Report Book for those orders which are dispatched to the Indies. 59 82. Judicial decrees and dispatches for these kingdoms shall have the signature and seal of His Majesty. 83. Decrees, certificates, letters and instructions shall be signed and have the mark of each member present in the Council. 84. All dispatches shall be sen't in duplicate and each by a different ship. 85. I The Secretaries of the Camara shall fold the documents and seal the envelopes holding them. 86. When a Notary first enters into the services of his office, all official papers shall be given to him to inventory. 87. The Notary shall continue to take inventory of all docu- ments which are brought to him and shall be aware of those which are taken away from his office. 88. All the legal briefs, papal Bulls, and other documents and papers relating to the State and Kingdom of the Indies which are in the Council and in the House of Seville and which are no longer needed shall be sent to the Archives of Simanca. 89. In addition to the other inventories, there shall be two additional inventories with complete descrip_tion of all papers being taken to the Archives. 90. There shall be a book wherein is recorded everything taken out of the archives. 91. ' Concerning the inventories which the Notaries of the gov- erning carnara of the Council have to make and record, and also those 60 of the audiencias and Accountants of the House of Trade and of the Indiese 92. The Notary shall have a book which gives the form for the oath of off ice which the members and officials of the Council must swear to. 93. The Notary shall be responsible for copying and putting in order all papers which must be written in the book which has to be kept in the archive of the Council. 94. The Notary shall make a compilation of all the titles of official correspondence and other ordinary dispatches. VII. 95. Notaries of the Juridical C'mara These Notaries shall keep an inventory of the processes for which they are responsible. 96. All reports and other documents must be taken to the official notaries to be written. 97. Each Notary shall also have an official Secretary. 98. The Notaries shall observe the laws of these Kingdoms. 99. Concerning precautions for the security of the legal actions and papers, and to each paper shall be affixed the date of presentation. VIII. 100. Court Reporters Court Reporters shall observe the laws of the Kingdom and shall enforce their mandates. 61 lOlo How to efficiently prepare a decree. IX. 102. The Bailiff of the Council There shall be a Bailiff for the Council. X. 103. Officials All officials of the Council such as Porters and Attor- neys shall observe the laws of the Kingdom. XI. 104. Accountants of the Council The Accountants of the Council shall observe all rules and what has been commanded as well as those regulations for the Chief Accountant. XII. 105. The Treasurer of the Council The collections of money which the Treasurer of the Council must handle. 106. He shall post bonds. 107. There shall be a. book where the judgments are written. 108. The necessary documents shall be given to the Treasurer of the Council for the collection of money in judgments. 109. The writs of judgment and documents sent to Seville by the Treasurer of the Council shall be enforced by the Hosue of Seville. 110. The expenditures which are required for the collection of money shall be charged against the same judgment. 62 lllo There shall be a book in which the Treasurer shall record the fees for licenses for slaveso 112. Concerning how the Council shall determine the licensing of slaveso 113. The Treasurer shall not honor any order for payment unless it has been registered. 114. The Accountants shall register the payments which are made to the Treasurer. 115. The certificates for order of payment to be made by the Treasurer shall be entered into a register book by the Accountant. 116. Concerning the funds which shall be accountable. XIII. 117. The Chronicler-Cosmographer Concerning the cosmographic tables which the Cosmographer has to make. 118. Concerning the determination of eclipses of the moon and other signs. 119. The Chronicler-Cosmographer shall write the general history of the Indies. 120. He shall compose a natural history. 121. He shall make a compilation of ship's courses and routes of navigation. 122. The Notaries of the / ca~ shall take all papers and documents to the ChTionicler that he shall need. 63 [Closing Statement] We command each and every one of you to read the above-described laws and sections of ordinances contained in this decree We have made. You shall obey them and shall consider them law. You shall observe the order and method of procedure in negotiations that Our Council of the Indies has to deal with, talking them over and executing them, following them exactly and carrying out each law precisely in regard to what is contained in it. In the interim until said Recopilacion is completed, the abovementioned laws and ordinances shall be placed in the Archive of the Council. These laws and ordinances and those which are to be resolved and proclaimed later on, as well as this, Our decree, shall be copied and dispatched to our Viceroys, Audiencias, and chancelleries in the Indies, and We command they be distributed to whoever would like a copy. Later, you will have these laws printed and incorporated into the said Recopilacion so that with the rest of the laws already in the Recopilacion, they shall be published, preserved and perpetually observede Neither one person nor all, with no exception, shall do the contrary of what We have connnanded under the pain of losing Our favor. Enacted in El Pardo the 24th of September, 1571. I, the King. The Re~opilacion of 1681 There are nine books or major sections in the four volume Recopi.lacion de Leyes de las Reinos de las Indias (Madrid, 1681), and the nineteen titles of Book VI deal specifically with the Indians. Philip II (1556-1598) was involved with the writing of the greatest number of the 555 laws of the nineteen titles of Book VI, Philip III (1598-1621) with the second greatest number, and Charles I (1516-1556) with the third greatest number. The names of Ferdinand and Isabella appear in the collection; Philip IV (1621-1665) makes his greatest contribution in connection with the Indians of Chile; and Charles II (1665-1700), in whose reign the Recopilacion of 1681 was published, contributed in numbers most to laws concerning the treasuries in Indian communiti~s and the Indians of Chile. Although Book VI is the only one devoted entirely to the Indians, each of the nine books has some laws that refer to Indians. As we might expect Book I, which includes laws relating to the "Holy Catholic Faith," and its organization, administration and functions in the Indies, stands next to Book VI in the number of references to the Indians. Book II, which covers the organization and functions of the Royal Council of the Indies follows Book I in the number of references; and Book IV, which deals with discoveries, pacification of the Indians, and the establishment of settlements has the next greatest number. Professor Clarence H. Haring i.n his important modern work on The Spanish Empire in America refers to the Recopi.lacion de Leyes of 65 1681 as "one of the most humane, and one of the most comprehensive codes published for any colonial empire." He makes the important point that "the shortcomings of Spanish colonial legislation often lay rather in the lack of observance than in the intention of the legislator," and states further that some of "The most difficult problems in fact were those arising from the government of an Indian population which could not be reduced to the nonns of Spanish law." Because of these problems, "the crown tried to incorporate into its American legislation some of the juridical customs of the aborigines-- ••• " In his article "The Spanish Origin of Indian Rights in the Law of the United States," Felix s. Cohen, who has contributed so much to our knowledge of the Indian law of the United States, points out that many threads in the tapestry of our Federal Indian law are of Spanish origin. Just a brief excerpt to whet the appetite to read all of this important study: In the Anglo-American literary and historical tradition the Spaniards' treatment of the Indian has been so long held up to view as a pattern of cruelty and treachery that it may be considered heretical to argue at this late date that the humane principles which guide our own law in Indian affairs all faithfully follow the teachings of Spanish theologians and the edicts of Spanish kings. And yet this thesis will not sound so startling once we recognize that although the behavior of our own citizens and officials towards the Indians has frequently been marked by acts of cruelty and treachery, it is by our own courts and laws that these acts of cruelty and treachery have been denounced, the perpetrators of these acts punished, and the victims of these acts, or their descendants, recompensed in the only kind of measure that human compensation for such acts can follow. So i t was with Spain. It would be childish to gloss over the inhumane aspects of the Spanish conquest of the New World. Yet there is an important difference between these aspects of the treatment of Indians in the New World in the fifteenth and sixteenth centuries and what Nazis have done in the Old World in the twentieth. Against the cruelties of the Spanish invaders the clear voice of protest was I Clarence H. Haring. The Spanish Empire in America (Oxford University Press. New York. 1947). Pp. 110-111. J 66 raised by loyal Spaniards and faithful Catholics to the King of Spain and to the Pope himself, and both King and Pope repeatedly denounced the acts of oppression committed by brigands that brooked no transoceanic control. So it is that while the acts of cruelty and treachery of lawless men wrought a havoc that eventually brought Spanish rule in the New World to an end, the legal ideals which Spanish teachers proclaimed, and, which Crown and Holy See ratified, provided a humane and rational basis for an American law of Indian affairs. 1. Legal Equality Of the first principle of our own Indian law, the equality of races, the works of the Spanish theologian and jurist, Francisco de Vitoria, offer eloquent elucidation. In an attempt to justify the denial to Indians of the rights enjoyed by other humans, the argument had been widely advanced that Indians were heretics, tainted with mortal sin, and irrational. To this argument Vitoria replied that even heretics and sinners were entitled to own property and could not be punished for their sins without trial and that the Indians were at _least as rational as some of the peasants of Spain. Implicit in the argument of Vitoria, who cites as precedents in support of Indian rights the cases of heretics and sinners in Europe and ancient Palestine whose rights were acknowledged by the highest Church authorities, is the doctrine that certain basic rights inhere in men .§_?_i:l~£, not by reason of their race, creed, or color, but by reason of their humanity. This doctrine of Vitoria was given papal support in 1537 by the Bull 0ublimis Deus •••• Almost word for word, this declaration of human rights is repeated in the first important law of the United States on Indian relations, the Northwest Ordinance of 1787, adopted two years before the Federal Constitution, which proclaims: "The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty they shall never be invaded or disturbed, unless in just and lawful war authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them." In the Spanish Laws of the Indies one finds a consistent adherence (. to the principle of racial equality. Thus Book 4, Title 12, Law 9, declares: "We cormnand that the farms and lands which may be granted to Spaniards be so granted without prejudice to the Indians; and that such as may have been granted to their prejudice and injury be restored to whoever they of right shall belong." A further provision included in the Laws of the Indies is one requiring special proceedings to determine whether farms owned by Spaniards are located to the prejudice of the Indians, and requiring the remova 1 of any such farms. Other provisions of the Laws of the Indi~s provided that Indians might establish mini.ng claims in the same manner as Spaniards. 67 Felix Cohen again expresses his awareness of the fact that Indians were widely oppressed under Spanish rule but suggests that "the oppression was in defiance of, rather than pursuant to, the laws of Spain." J The destruction of the Indians by Spaniards did not end with the passing of the first century of Spain in the Americas. To add Professor Charles Gibson's assessment of some three hundred years of the application of Spanish institutions to the Aztec peoples in the Valley of Mexico to Professor Sauer's view of not quite three decades of Spanish influence on the island of Espa~ola in the Caribbean area, cited above in Part I, the introduction and essay on sources, I quote here the first paragraph of Gibson's concluding chapter from The Aztecs U_nder Spanish Rule: The Black I..egend provides a gross but essentially accurate interpretation of relations between Spaniards and Indians. The Legend builds upon the record of deliberate sadism. It flourishes in an atmosphere of indignation, which removes the issue from the category of objective understanding. It is insufficient in its awareness of the institutions of colonial history. But the substantive content of the Black Legend asserts that Indians were exploited by ~paniards, and in empirical fact they were. The story of Spanish rule over _the Indians of the Americas is certainly not pretty, but as Professor Cohen states above, and as the content of the laws that follow will bear out "the oppression was in defiance of, rather than pursuant to, the laws of Spain." Compilers of the Recopilacion of 1681 We know that work on a compilation of the laws of the Indies, /Lucy Kramer Cohen, editore The Legal Conscience. Selected papers of ~Felix S. Cohen (Yale University Press. New Haven. 1960)" Pp. 230-252. 68 referred to as a Recopilacion that would be organized into various Books according to subject matter, was in process at least as early as 1571,, when the compilation of Philip II was made. When Juan de / Solorzano y Pereira was sent to Peru in 1609, as oidor of the Audiencia of Lima, it was with the understanding that the assignment would give him experience that would help him improve the organization of the laws of the Indies. I Twenty year later (1629) Solorzano replaced Rodrigo de Aguiar as Councilor of the Indies to continue Aguiar's work on the organization of the laws of the Indies. By the late-l-6-3-Gls-i-t-h-ad- been deter- mined that these laws would be divided into nine books, apparently the same division that would appear in the 1681 publication; and in 1646 the Recopilacion was said to be ready for the press, although it was not to be published for another thirty-five years. I~diana appeared in two volumes (Madrid, 1648). Sol~rzano's Politica Since it serves, to some extent, as a commentary on the Recopilacion, and refers to the organization much as it appeared in 1681, we know that the main form had been agreed upon by this period. Another compiler, who participated in the work as it would even- ,, tually appear, was Antonio Leon Pinelo. We are not certain who is re- sponsible for what part of this major undertaking, but we do know that the three persons we have mentioned did make a contribution. As we have indicated, others were involved with beginning to compile the laws and with preliminary organization more than a hundred years before they were finally published. Using the Recopilacion Spanish titles and other words that do not have appropriate equivalents in English are left in the original Spanish spelling and are not always underlinede Translations and explanations are included in the glossary. Each law includes a heading, historical information concerning the origins of the law, and the body of the law. At the end of each title are references to laws from other titles in Book VI, and from the other eight books in the Recopilacion that pertain to the laws contained in that particular title. To refer to a particular law it is necessary to also cite the title and book where that law can be located: Law i, Title I, Book I, as an example, would be the first law in the title that deals with the "Holy Catholic Faith," and in the book containing laws and titles that relate to the organization and functions of the Catholic Church in the Indies. To enable the reader to relate references to topics included and agencies and officers covered in particular titles and books, include the following outline of the contents of the Recopilacion. Book I: The Church in the Indies 1. 2. 3. 4. Concerning the Holy Catholic Faith Concerning the Cathedra~s and Parochial Churches Concerning the Monasteries and Nunneries, Asylums, and Orphanages Concerning the Hospitals and Sodalities S. Concerning the Immunity of the Churche~ and Monasteries and that in This Respect the Law of the Kingdom of Castile be Followed 70 6. Concerning the Royal Patronage of the Indies 7. 8. 9. 10. 11. 12. 13. 140 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Concerning the Archbishops, Bishops, and Ecclesiastical Visitadores Concerning the Provincial and Synodal Councils Concerning the Bulls and Apostolic Briefs Concerning the Ecclesiastical Judges and Conservators Concerning the Dignities and Prebendaries of the Metropolitan Churches and Cathedrals of the Indies Concerning the Clerics Concerning the Curates and Priests Concerning the Friars Concerning the Parochial Friars Concerning the Tithes Concerning the Ecclesiastical Allowance Concerning the Burials and Ecclesiastical Fees Concerning the Tribunals of the Holy Office of the Inquisition and Their Ministers Concerning the Holy Crusade Concerning the Questers and Alms Concerning the Universities and General and Particular Studies Concerning the Colleges and Seminaries Concerning the Books that are Printed and Taken to the Indies Book II: The Royal Council of the Indies and the Royal Audienci.as 1. Concerning the Royal Laws, Provisions, Cedulas, and Ordinances 2. Concerning the Royal Council and Military Junta of the Indies Those of the Royal Council of the 3. Concerning the President and Indies 4. Concerning the Great Chancellor· and Registrar of the Indies, and His Lieutenant in the Council 5. Concerning the Fiscal of the Royal Council of the Indies 6. Concerning the Secretaries of the Royal Council of the Indies 7. Concerning the Treasurer General of the Royal Council of the Indies 8. Concerning the Alguacil Mayor of the Royal Council of the Indies 9. Concerning the Relaters of the Royal Council of the Indies 10. Concerning the Scribe of the Camara of the Royal Council of the Indies 11. Concerning the Accountants of the Royal Council of the Indies 12-.-concerning fne--Ha](:)y-Cfironicler of the Royal Council of the Indies 13. Concerning the Cosmographer and Professor of Mathematics of the Royal Council of the Indies 14. Concerning the Alguaciles, Advocates, Attorneys, Superintendents, Assessor, and Other Officials of the Royal Council of the Indies 15. Concerning the Royal Audiencias and Chanceries of the Indies 16. Concerning the Presidents and Oidores of the Royal Audiencias and Chanceries of the Indies 17. Concerning the Alcaldes del Crimen of the Audiencias of Lima and Mexico 18. Concerning the Fiscales of the Royal Audiencias and Chanceries of the Indies 71 19. Concerning the Provincial Courts, of the Oidores and Alcaldes del Crimen of the Royal Audiencias and Chanceries of the Indies 20. Concerning the Alguaciles Mayores of the Audiencias 21. Concerning the Lieutenants of the Great Chancellor of the Royal Audiencias and Chanceries of the Indies 22. Concerning the Relaters of the Royal Audiencias and Chanceries of the Indies 23. Concerning the Scribes of the Chamber of the Royal Audiencias of the Indies 24. Concerning the Advocates of th~ Royal Audiencias and Chanceries of the Indies 25. Concerning the Receptors and Penalties of the Chamber, Expenses of Court, Justice, and Pious Works of the Royal Audiencias of the Indies 26. Concerning the Assessors and Repartidores of the Royal Audiencias and Chanceries of the Indies 27. Concerning the Ordinary Receptors and their Repartidor of the Royal Audiencias and Chanceries of the Indies 28. Concerning the Attorneys of the Royal Audiencias and Chanceries of the Indies 29. Concerning the Interpreters 30. Concernjng the Superintendents and Other Officials of the Royal Audiencias and Chanceries of the Indies 31. Concerning the Oidores, Ordinary Examiners-Inspectors of the Districts of the Royal Audiencias and Chanceries of the Indies 32. Concerning the Court' of Goods of the Deceased, and Their Administration and Accounting in the Indies, Fleets and Ships 33. Concerning the Informations and Opinions of Services 34. Concerning the General and Particular Examiners-Inspectors Book III: The Dominion and Government of the Indies 1. Concerning the Dominion and Royal Jurisdiction of the Indies 2. Concerning the Provision of Offices, Gratifications, and Grants 3. Concerning the Viceroys and Governor-Presidents 4. Concerning War 5. Concerning the Arms, Powder, and Mun i t ions 6. Concerning the Constructions and Fortifications 7. Concerning the Castles and Fortresses 8. Concerning the Wardens and Jailers of the Castles and Fortresses 9. Concerning the Garrison and Situation of Forts and Fortresses 10. Concerning the Captains, Soldiers, and Artillerymen 11. Concerning the Cases of Soldiers 12. Concerning the Payments, Wages, Additional Pay and Cost Aids 13. Concerning the Corsairs and Pirates, and Application of the Spoils and--Gcrntact with Foreigners 14. Concerning the Informations and Relations of Services, Parts, and Qualities of Which an Account Must be Made to the King 15. Concerning the Precedents, Ceremonies, and Courtesies 16. Concerning the Letters, Mail::;, and Indian Chasquis 72 Book IV: The Discoveries, Pacifications, and Settlements 1. Concerning the Discoveries 2. Concerning the Discoveries by Sea 3. Concerning the Discoveries by Land 4. Concerning the Pacifications So Concerning the Settlements 6. Concerning the Discoverers, Pacifiers, and Settlers 7. Concerning the Settlement of the Cities, Villas, and Towns 8. Concerning the Cities and Villas and their Pre-eminence 9. Concerning the Cabildos and Concejos 10. Concerning the Council Offices 11. Concerning the General and Particular Agents of the Cities and Towns -- -- -- -- - i-2 -cc:rnce tn irtg the Sale, Composition, and Distribution of Lands, Lots, and Waters 13. Concerning the Public Lands and Public Granaries 14. Concerning the Alhondigas 15. Concerning the Excises, Assessments, and Contributions 16. Concerning the Public Works 17. Concerning the Public Roads, Lodgings, Inns, Taverns, Boundaries, Pastures, Forests, Waters, Groves, and Vineyards 18. Concerning the Commerce, Subsistence, and Produce of the Indies 19. Concerning the Discovery and Working of the Mines 20. Concerning the Mine Operators and Amalgamators and Their Privileges the Alcaldes Mayores and Scribes of the Mines Concerning 21. 22. Concerning the Assaying, Casting, and Stamping of Gold and Silver 23. Concerning the Mints and Their Officials 24. Concerning the Value of Gold, Silver, and Money, and its Commerce Pearl Fishing arid Transport of Pearls and Precious 25. Concerning Stones 26. Concerning the Factories ~- Book V: The Divisions and Increase of Governments 1. Concerning the Limits, Division, and Increase of Governments 2. Concerning Governors, Corregidores, Alcaldes Mayores and Their Lieutenants, and Alguaciles 3. Concerning the Alcaldes Ordinarios 4. Concerning the Provincials and Alcaldes de la Hermandad 5. Concerning the Alcaldes and Hermanos of the Mesta 6. Concerning the Protomedicos, Doctors, Surgeons, and Apothecaries 7. Concerning the Alguaciles Mayores, and Others of the Cities B. Concerning the Scribes of Government, Cabildo, and Number, Public and Royal, and Ecclesiastical Notaries 9. Concerning Competitions, or Rivalries 10. Concerning Lawsuits and Sentences 11. Concerning the Recusations 73 12. 13. 14. 15. Concerning Concerning Concerning Concerning Book VI: 1. 2. 3. 4. 5. 6. 7. 8. 9o 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Concerning the Indians Concerning the Indians Concerning the Liberty of the Indians Concerning the Reducciones and Towns of the Indians Concerning strongboxes for Revenue and Community Assets, and Their Administration Concerning Tributes and Assessments of the Indians Concerning the Protectors of the Indians Concerning the Caciques Concerning the Repartimientos, Encomiendas, and Pensions of Indians, and Conditions of Titles Concerning the Encomenderos of Indians Concerning the Good Treatment of the Indians Concerning the Succession of Encomiendas, Allowances, and Gratuities Concerning Personal Service Concerning Service in Farms, Vineyards, Olive Groves, Factories, Mills, Pearl Fisheries, Inns, Packtrains, Roads, Houses, Cattle Raising, and Rowboats Concerning Service in Coca and Indigo Concerning Service in the Mines Concerning the Indians of Chile / Concerning the Indians of Tucuman, Paraguay, and Rio de la Plata Concerning the Philippine Traders [Sangleyes] Concerning the Confirmations of Encomiendas, Pensions, Rents, and Situations Book VII: 1. 2. 3. 4. 5. 6. 7. B. the Appeals and Supplications or Petitions the Second Supplication Surrenders and Executions the Residencias and Judges Who are to Take Them Miscellaneous, and Criminal Justice Concerning Concerning Concerning Indies Who Concerning Concerning Concerning Concerning Concerning the Investigators and Judges of Commission the Games and Players [Gambling] the Husbands and Recently Married Men in Spain and the are Absent From Their Mates and Wives the Vagabonds and Gypsies the Mulattoes, Negroes, Berbers, and Sons of Indians the Jails and Jail Keepers Visits to the Jails Crimes, Penalties, and Their Application 74 Book VIII: 1. 2. 3. 4. 5 .. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Book IX: 1. 2. 3. 4. 5. 6. Accounts and the Royal Treasury Concerning the Auditing of Accounts, and the Ministers Concerning the Auditors of Accounts, Vacancies, and Orderers Concerning the Tribunals of the Royal Treasury Concerning the Royal Officials and Auditors of Tributes, Their Lieutenants, and Major Guards Concerning the Scribes of Mines, and Registers Concerning the Royal Treasury Concerning the Royal Books Concerning the Administration of the Royal Treasury· Concerning the Tribues of Indians Under the Royal Crown, and Other Proceeds from Vacant Encomiendas Concerning the Royal Fifths Concerning the Administration of Mines, Remission of Copper to These Kingdoms, and Those of Sulphur Concerning the Treasures, Places of Deposit, and Trade Concerning the Sales Taxes Concerning the Customs Concerning the Duties on Imports and Exports Concerning the Evaluations and General and Particular Assessments Concerning the Seizures, Misplacements, and Confiscations Concerning the Rights of Slaves Concerning the Media Anata Concerning the Sale of Offices Concerning the Renunciation of Offices Concerning the Confirmations of Offices Concerning the Monopolies Concerning the Ninths and Bishopric Vacancies Concerning the Public Auctions Concerning the Salaries, Gratuities, Allowances, and Income Concerning the Situations Concerning the Drafts Concerning the Accounts Concerning Remittance to the Royal Treasury Trade, the Fleets, and Passage to the Indies Concerning the Royal Audiencia and House of Trade, Which is Situated in Seville Concerning the President and Judges of the House of Trade Concerning the Lawyer Judges, Fiscal, Solicitors, and Relator of the House of Trade I Concerning the Official Judge who Resides in the City of Cadiz Concerning the Official Judge and Consul Who goes to the Ports for the Dispatch of Fleets and Armadas Concerning the Prior and Consuls and "Body of Shippers to the Indies," of the City of Seville* *This Consulate is named and entitled "Universidad de los_Cargadores cf las Indias." 75 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Concerning the Post master General of the House of Trade Concerning the Auditing of Damages and Deputy Accountants Concerning the Imposition, Administration, and Recovery of the Damage Rights Concerning the Scribes of the Chamber and Other Scribes and Repartidor of the House of Trade in Seville Concerning the Alguaciles, Superintendents, and Other Officials of the House Concerning the Jail, Warden, and Jailer of the House of Trade Concerning the Buyers of Silver Concerning the Goods of the Deceased in the Indies, and Their Administration and Accounting in the House of Trade of Seville Concerning the Generals, Admirals, and Governors of the Fleets and Armada of the Trade Between Spain and the Indies Concerning the Inspector and Accountant of the Armada and Fleets, and Clerk of the Inspector Concerning the Contractor and Provision of Armadas and Fleets Concerning the Paymaster of the Armadas and Fleets Concerning the Keeper of Goods of the Armadas and Fleets Concerning the Major Scribe of the Armadas and the Scribes of the Ships and of Rations Concerning the Captains, Ensigns, Sergeants, and Soldiers, and of Their Command and Quartering Concerning the Captain General of the Artillery, Gunnery Major and Others of the Armadas and Fleets, Artillery, Arms, and Munitions Concerning the Chief Pilot and Cosmographers, and of the Other Pilots of the Indies Trade and Captains of Cargo Ships and Their Inspection Concerning the Commanding Officers, Pursers, and Supply Officers Concerning the Body of Sailors and of the Crews and Cabin Boys of Ships Concerning the Passengers and Licenses to go to the Indies and Return from Them Concerning the Foreigners Who go to the Indies, and of Their Composition and Nature with Respect to Commerce Concerning the Makers and Calkers, Works and Finishings of the Ships, and their Tonnage Concerning the Ships' Stores Concerning the Armadas and Fleets Concerning the Duties on Foreign Goods, and Freight Concerning the Preparation of the Armadas and Fleets Concerning the Registers Concerning the Loading and Unloading of Ships Concerning the Visits of Ships in These Kingdoms and in the Indies Concerning the Navigation and Passage of the Armadas and Fleets Concerning the Dispatch Ships Sent to the Indies and from Them to Spain 76 38.. 39.. 40. 41. 42. 43.. 44e 45. 46.. Concerning the Ships Arrived, Adrift, and Lost Concerning the Insuring, Risks, and Security of the Indies Trade Concerning the Official Judges of Registry of the Canary Islands Concerning the Commerce and Navigation of the Canary Islands Concerning the Navigation and Commerce of the Windward Islands and Adjacent Provinces, and of the Concessions Concerning the Ports Concerning the Armadas of the Pacific Concerning the Navigation and Commerce of the Philippine Islands, China, New Spain, and Peru Concerning the Consulate of Lima and Mexico Book VI of the Recopilacion Containing Laws Concerning the Indians (The headings from each law, in each title of Book VI are included here, to show what topics the laws cover.) Title One: Concerning the Indians Laws: i. Indians to be favored and protected by Ecclesiastical and Secular persons; ii. Indians to be allowed to marry freely; iii. Indian women not to be permitted to marry unless of legal age; iv. Indian men or women who have two wives or husbands will be punished; v. Neither a Cacique nor any other Indian may take more than one wife; vi. Indians will not be permitted to sell their daughters into marriage; vii. Any married Indian woman is to belong to the pueblo of her husband, etc. Laws: viii. Concerning the rights of an Indian woman who has children by a Spaniard; ix. Indians not to be separated from their parents; x. Children of married Indian women to remain in pueblo of their father, a.nd those of unmarried Indian women to remain in the pueblo of their mother; xi. Indians may put their children to work while they do not pay tribute. Laws: xii. Indians may move from one location to another; xiii. Indians from cold climates not to be removed to hot climates, nor vice versa; xiv. Indians of Santa Cruz not to be removed to another province; xv. Indians of Philippines not to be taken by force from one island to another; xvi. No Indians to be brought to these Kingdoms or moved from their lands; xvii. If any Indians come to these Kingdoms they are to be returned to their lands. Laws: xviii. Castilian language schools to be set up to teach the Indians wherever possible; xix. Indians will be placed under the rule of law without oppression; xx. After five years pagan Indians in Reduccion will be introduced to work; xxi. Indians will occupy themselves in their crafts, fields, etc., and will wear clothes. Laws: xxii. Indians to be allowed to raise all kinds of livestock; xxiii. Time to be set aside for Indians to take care of their properties; xxiv. There will be free commerce between Indians and Spaniards to the satisfaction of both parties; xxv. Indians to be freely allowed to trade their goods and foodstuffs; xxvi. Indians to receive special consideration with regard to provisions they need to buy; xxvii. Indians to be allowed to sell their properties; xxviii. Indians to be allowed their public markets and to sell their goods therein; xxix. No contracts to be made regarding work done by Indians; xxx. Encomenderos will not occupy lands left vacant by death of 78 Indians; xxxi. Weapons not to be sold to Indians nor should they have them; xxxxii. Indians to be free to dispose of their effects. Laws: xxxxiii. Indians not to be permitted to ride horseback; xxxiv. Governors not to grant rights to Indians beyond those stipulated by this law; xxxv. Ecclesiastics to judge Indians in matters of faith and Royal Justices in matters of witcheries and spells; xxxvi. Wine not to be sold to Indians; xxxvii. Concerning the pulque used by Indians of New Spain; xxxviii. Dances of Indians not to be approved without permission from Governor. Laws: xxxix. Viceroys of New Spain are to honor and favor Indians of Tlaxcala; xxxx. Tlaxcala ordinances will be observed; xxxxi. The Alcalde Mayor of Tlaxcala will be native-born; xxxxiii. State wine or meat stores will not be permitted in Tlaxcala; xxxxiv. Indians of Tlaxcala may write to the king; xxxxvi. Privileges of Indians of Guazalco will be observed and they will be favored; xxxxvii. The Court of the Indians in Mexico and where established elsewhere will be preserved. Law xxxxviii. Viceroys and Governors will provide that seamen and travelers not take Indian women with them. Title Two: Concerning the Liberty of the _Indians Laws: i. Indians will live in freedom and not be subject to servitude; ii. Encomenderos who sell their Indians will be punished; iii. Caciques and chiefs will not keep their subjects as slaves; iv. Indians of Maranan taken to parts of the Indies will be set free; v. Indians of Brazil or of the Portuguese demarcation zone will be considered free in the Indies; vi. Those who go from Villa de San Pablo in Brazil to Paraguay to capture Indians will be punished; vii. No trade with Indians of rescate will take place in Tucuman, Rio de la Plata, or Paraguay; viii. The prohibition against slavery also to apply to Indians made prisoners on sorties into Indian lands. Laws: ix. That a minister be appointed who is knowledgeable in matters of Indian liberty; x. Corregidores and Alcaldes Mayores are not to concern themselves in matters of freedom of the Indians, except to report to Audiencias, etc.; xi. Indians not to be loaned or transferred under any title nor included in sales of properties. Laws: xii. Concerning liberty or enslavement of the Mindanaos; xiii. It is ordered that the Caribes who go to the islands to wage war be made slaves; xiv. Indians of Chile to be restored to their freedom; xv. Those who owned Indians as slaves with legal title are 79 not to make payment to them for past services; xvi. Reaffirmation of orders for freedom of Indians with provisions for Indians of Chile. Title Three: Concerning Reducciones and Towns of the Indians Laws: i. Indians will be reduced to settlements; ii. Ecclesiastics will assist and facilitate the Reducciones; iii. In order to establish Reducciones qualified ministers will be appointed. Laws: iv. In each Reduccion there will be a church under lock and key; v. Indian towns will have religious instruction paid for from the tributes; vi. Each town will have two or three singers and a Sacristan; vii. The towns will have fiscales who will assemble the Indians for religious instruction. Laws: viii. The Reducciones will be established in accordance with this law; ix. Lands Indians had before their reduction not to be taken from them; x. Efforts to be made to establish Indian towns near the mines; xi. The Reducciones will be constructed and paid for from tributes Indians will pay; xii. Indians of the farms not to be regarded as Yanaconas, and are to have Reducciones even though previously it was considered othen.1 ise; xiii. Reducciones not to be moved without an order from the King, Viceroy, or Audiencia; xiv. In matters pertaining to Reducciones, what is decreed in this law shall be observed. Laws: xv. The Reducciones shall have Indian Alcaldes and R.egidores; xvi. The Alcaldes of the Reducciones will have the jurisdiction herein stipulated; xvii. The Indian Alcaldes may arrest Negroes and Mestizos pending the arrival of the ordinary justice. Laws: xviii. No Indian is to leave his town to go to another; xix. Indians will not be given license to live outside their Reducciones; xx. Livestock-ranch=s will not be located near Reducciones. Laws: xxi. Spaniards, Negroes, Mestizos, and Mulattoes will not live in Indian towns; xxii. Spaniards, Mestizos, or Mulattoes will not live among the Indians even though they have bought iand in their towns; xxiii. No Spaniard will remain in an Indian town longer than the day of arrival plus an additional day; xxiv. No trader will remain in an Indian town longer than three days; xxv. Where hostels or roadside inns are available, no one is to lodge in the home of an Indian or Mazegual; xxvi. Travelers will not take anything from the Indians by force. Laws: xxvii. Calpizques will not be installed in Indian towns 80 without approval and security bonds; xxv111. Calpizques will not carry the staff of justice; xxix. Proprietary positions will not be allowed or sold in Indian towns. Title Four: Concerning Strongboxes for Revenue and Community Assets, and Their Administration Laws: i. Viceroys, Presidents, and Audiencias will observe the laws of this title; ii. All community assets of Indians as well as records and collections will be deposited in the community strongboxes; iii. Other assets will not be deposited in the community strongboxes; iv. The proceeds from the treasury will be put into a separate coffer. Laws: v. Money in the strongboxes will be invested in rentals, with separate accounting for each community; vi. If an investment is paid off, a new investment will be made with accrued funds; vii. Steps to be taken before making new investments. Laws: v111. The strongboxes will have cash reserves; ix. For good accounting procedures, two books will be kept in the community strongbox for assets, and two additional books for revenues; x. Treasury monies will not be withdrawn from the conmmnity strongbox; xi. The community strongboxes will be undeF -the~chaTge- oJ-o-ffieers of the Royal Treasury; xii. Administration and collection will be under the officers of the Royal Treasury. Laws: x111. Taxes will be paid from assets and profits; xiv. Community assets will be used for the common good and to pay tributes; xv. Expenses of missions and of the Ind{an Seminary will be paid from community assets; xvi. The Doctrineros will not spend from the community strongboxes without permission from the Viceroy and Audiencia; xvii. Support and payment of tributes will be made from accrued income without touching the principal. Laws: xviii. Corregidores will collect taxes from the Indians properly; xix. Officers of the Royal Treasury will furnish bond for the community assets of the Indians, and submit a report of assets every year; xx. Jurisdiction and accountability for collection of Indian community assets and revenues will be the responsibility of an Oidor in each Audiencia; xxi. The Oidor will be a Judge of first instance, and appeals will be brought before the Audiencia for final decision; xxii. The Fiscales will defend community lawsuits. Laws: xxiii. Officers of the Royal Treasury will confirm orders for payment, and the Judges will not send executors; xxi.v. 81 Regulations for collections of tributes; xxv. The Acuerdo will appoint an Escribano and an Alguacil in each jurisdiction. Laws: xxvi. A collector of revenues and goods will be appointed by the Audiencia; xxvii. The Collector will give oath and furnish bonds in accordance with this law: xxviii. Each month the Collector will give account of all his transactions and collections; xxix. The Collector will be given moderate financial assistance; xxx. Collections made will be deposited in the strongbox, and receipts will be given to the debtors who pay; xxxi. The Indians of New Spain will work ten brazas of land for their communities each year, and this law will be introduced in Peru. Laws: xxxii. The Governors and Corregidores will collect what is due within their districts, notify the officers of the Royal Treasury, and will not impose taxes; xxxiii. Every year the Corregidores will send to the Viceroy and Jueces de Censos an accounting of the community strongboxes; xxxiv. The dealings of the Corregidores with respect to the community strongboxes will be corrected; xxxv. Cases brought against Corregidores regarding community assets will be treated as criminal cases, in which the death penalty may be applicable. Laws: xxxvi. Justices and Judges of Residencia will examine accounts of assets, and will advise the Administrators; xxxvii. Viceroys, Presidents, Oidores, Judges, and ·officers of the Royal Treasury will protect the treasury and advise the King; xxxviii. Viceroys and Presidents will be assigned responsiblity for collection of overdue debts owed to community strongboxes. 82 Title Five: Concerning Tributes and Assessments of the Indians. Laws: i. Once the Indians are distributed and reduced, they will pay some moderate tribute to the King; ii. The Indians reduced and living in towns will pay half the normal tribute for two years; iii. Infidel Indians converted to Our Holy Faith will not be assigned to an encomienda, pay tribute, or render service for ten years; iv. Mitimae Indians will pay tribute as they did formerly; v. The Yanaconas will contribute as do other Indians, and it will be for the King; vi. Taxes will be collected from Indians living outside the Reducciones; vii. Unmarried Indians will pay tribute from the age of eighteen, unless otherwise specified; viii. Children born from the marriage of Negro men and Indian women will pay tribute as Indians; ix. Indians who work in mines, in gardens, and other farms will pay tribute; x. Indians working on ranches, in workshops, and in other occupations will pay tribute to the King; xi. Indians under the Crown will not be subject to mita, will pay their tribute, and will live without scandal. Laws: xii. Excessiveness of taxes from Indians who work in the mines will be moderated; xiii. Indians who work in the mines will not be assessed a greater tribute than they should pay; xiv. Alien Indians of the type herein referred to will not pay tribute for the time being; xv. Indians are not to be abused by having to pay tribute for deceased or absent Indians; xvi. The Indians will pay in service to the King the requinto and tostd':-i. in addition to their other tributes; xvii. Indians of the New Kingdom will not pay the tomfn of the corregidores, nor those of the wann climates the requinto; xviii. Caciques and their eldest sons will not pay tribute; xix. Female Indians will not pay taxes; xx. The Indian Alcalde will not pay tax or render service. Laws: xxi. The contents of this law will be observed in assessing Indian tributes; xxii. The type and quality of what the Indians are to pay in tribute will be specified; xxiii. The tax-registers will show children and their ages; xxiv. Tributes will not be assessed or commuted in the form of personal service; xxv. Taxes in the form of personal service will be eliminated and will be assessed in the form of produce or goods; xxvi. Tributes will not be assessed in the form of game animals or other favors; xxvii. The Visitadores will visit and investigate the towns where taxes are to be levied. Laws: xxviii. Taxation of towns under the Crown will be arrived at jointly with the officers of the Royal Treasury; xxix. To consider a decrease in tributes to the Crown, the Fiscal and Officer of the Royal Treasury will be present; xxx. Separations provided by this law with reference to taxes will be made. 83 Laws: xxxi. The part corresponding to the churches of towns under the Crown will be kept separate; xxxii. Tributes to be applied to the churches will not be removed from the coffer without a license or order for payment; xxxiii. The amount of the tribute to be used for the churches and holy ornaments will be adjusted; xxiv. A ledger will be kept for recording the part of the tribute intended for the churches. Laws: xxv. Repartimientos not taxed while they were under encomienda will be taxed; xxxvi. Concerned parties will be notified when taxation in Indian to~vns is necessary; xxxvii. Decisions regarding tax disputes will be made in acuerdo, including the Oidores and Officers of the Royal Treasury, and in Mexico the Comptroller of tributes will attend; xxxviii. The tax ledger will be taken to the Acuerdo, and in it the officers of the Royal Treasury will sign their" approval of its provisions. Laws: xxxix. If it seems appropriate, tributes in money will be commuted to products; xxxx. If the Indians, for a just cause and for a certain period of time, wish to pay their tribute in money they will receive fair treatment; xxxxi. If the Indians pay their tr-ibute in gold or silver it will be assayed and marked; xxxxii. The Indians of Mexico and its environs shall not have a specific obligation to pay their tribute with chickens. Laws: xxxxiii. An accounting will be made each year of the tax registers held by the Indian Alcaldes;xxxxiv. The Indians will pay their tributes in their own towns; xxxxv. When there is a pestilence in Indian towns, the taxes will be moderated; xxxxvi. Allotments of corn from the Indians for the homes of Viceroys and other Ministers will not be allowed; xxxxvii. In the case of grants, tributes from Indians will be levied in compliance with the assessments; xxxxviii. No Spaniard will collect tribute from the Indians without their having been assessed; xxxxix. The Indians are not to be wronged by paying more than their assessments, nor in connection with their income; 1. The Audiencia~--­ will send Executors to take action against those guilty of excessive taxation; li. Amounts collected from Indians beyond assessments will be returned to them, and excesses in taxation will be moderated; lii. If the Encomendero in his testament suspends tributes for some years, justice shall be done and his will shall be enforced. Laws: liii. The Oidor Visitador will make the computations and the assessments; liv. Requests for reassessments will be made as stated~ and the Oidor Visitador will make these reassessments as his function; lv. Visits of inspection of towns will be entrusted to the Corregidores and Alcaldes Mayores so they will be accomplished at the least possible cost; lvii. Whoever requests assessment or reassessment 84 shall pay the salaries; lviii. Indians will not pay the salaries of Comisarios for assessments; lix. Indians under the Royal Crown will not be reassessed until three years after the last assessment, unless there has been some unexpected circumstance; lx. Reassessments will state the fixed amount that the Indians have to pay; lxi. The sending of judges to count Indians will be avoided and ordinary justices will be assigned; lxii. A new visit of inspection, or computation, will not suspend payments currently due. Laws: lxiii. Accounting of tributes will be finally closed out, and tributes will be collected in accordance with this law; lxiv. The Governors, Corregidores, and Alcaldes Mayores will furnish new bonds to cover tributes due, and the tributes will be in quota parts every four months; lxv. Indians of the Philippines will pay a tribute of ten reales in money or foodstuffs, so as not to result in a lack of products or crop shortage; lxvi. Tributes will not be distributed without an order from the Council, and the officers of the Royal Treasury will have an accounting of what they amount to. Title Six: Concerning the Protectors of the Indians. Laws: i. Despite the reformation of the Protectors and Defenders of Indians, they ~ay have them; ii. Instructions will be given in Peru in conformity with ordinances issued by the Viceroy, Don Francisco de Toledo; iii. Wherever there is an Audiencia, an Attorney and a Procurador for the Indians will be appointed, with salary; iv. Ministers who charge the Indians for more than their regular salaries will be punished. Laws: v. General Protectors of the Indians will not be removed without legitimate cause; vi. The General Protectors will not designate substitutes; vii. Mestizos will not be appointed as Protectors; v111. There will be a Protector of the Indians in the Philippines; ix. A Protector will be established for the rowers of the Rio Grande. Laws: x. The Viceroys, Presidents, and Governors will give free audience to the Protectors; xi. Indians under Seti'ori~ will contribute to the salary of their Protectors just as other Indians do; xii. The Protectors will send reports to the Viceroys and Presidents on the status of the Indians, and these will be transmitted to the Council. Laws: xiii. If there is a dispute between Indians, the Fiscal and the Protector will defend them, etc.; xiv. The Ecclesiastics and Seculars will inform the Protectors, Procuradores, and Defenders if some Indians do not have freedom. 85 Title Seven: Concerning the Caciques Laws: i. The Audiencias will justly listen to the Indians with reference to the Cacicazgos; ii. The Audiencias will be particularly acquainted with these rights and they will be officially informed; iii. The custom of the succession of the Cacicazgos will be observed; iv. The ordinary Justices will not remove the Caciques, and the Audiencias and Oidores Visitadores will be well informed about this matter. Laws: v. The Indian Caciques and Principales will not have the title of Senor; vi. The Caciques are not to be Hestizos, and if some of them are they will be removedi vii. The Indians will continue to be subject to their native Caciques; viii. The rights of the Caciques will be recognized, and excesses will be restrained; ix. If the Caciques claim that their Indians belong to the noble family, they will be heard with justice. Laws: x. The Caciques will pay wages to the Indians who work on their farms; xi. The caciques are not to be wronged in having to provide. their allotments; xii. W:i.th reganL to__tr_ans_gressions -and comp-1a-in-ts-0T-Caciques, -tfie form of thiS-Iciw·--wiTf-bexiii. Declaration of the jurisdiction of the Caciques. observec:f; - Laws: xiv. The Caciques will not receive the daughters of their Indians as tribute-; xv. The Justices will not allow the killing of Indians in order to bury them with their Caciques; xvi. The Indian Principales of the Philippines will be well treated, and they will be ·in charge of their government as they used to be; xvii. No Cacique or Principal will come to these Kingdoms without permission from the King. 86 Title Eight: Concerning Repartimientos, Encomiendas, Pensions and Conditions of Titles Laws: i. When the land is peaceful, the Governor will distribute the Indians in it; ii. In distributing Indians into Encomiendas, the charters of the Adelantados and special orders will be adhered to; iii. The Indians who are pacified will be ~istributed in encomiendas to neighboring settlers; iv. Notwithstanding what has been provided by the New Laws, Indians will be distributed in encomiendas to meritorious persons; v. Encomiendas will be granted to the descendants of discoverers, peacemakers, and settlers; vi. With respect to the encomiendas in Chile, preference will be given to the children of those who died in that war. Laws: vii. The Viceroys of Peru will assign the encomiendas in Quito and Charcas; viii. Governors who have authority, and those who have been appointed ad interim, may assign encomiendas; ix. Ordinary Alcaldes will not be allowed to allot Indians under encomiendas, even though they have responsibility for the government; x. The Governor of Yucatan will not assign any tributes of t~e i\_delantado £19-!l_t~j(J tha,t are not vacated; xi. The Govern-or- of the -Philippines will assign encomiendas within a certain period of time or they will be referred to the Audiencia. Laws: x11. Indians will not be alloted nor assigned in encomiendas to Ministers or Ecclesiastics; xiii. Indians will not be alloted in encomiendas to wives, sons, or daughters of Ministers, except for those specified by this law; xiv. Indians will not be alloted under encomienda to foreigners; xv. Indians will not be alloted under encomienda to persons who are absent; xvi. Indians will not be alloted under encomienda by way of donation, sale, disclaimer, transfer, exchange, or any other claim that is prohibited; xvii. It will not be allowable to rent Indians nor to give them as a pledge. Laws: xviii. Additional encomiendas will not be given to Encomenderos except to improve their situation, in which case they will give up the encomiendas they already have; xix. If an allotment is given up by someone to improve his situation, notation will be made of his services; xx. Two encomiendas will not be given to one person without notification of the reason;xxi. Encomiendas will not be divided; xxii. Indians in encomienda will not be divided, and such actions ~ill be corrected; xxiii. The number of encorniendas will be reduced as ordered. Laws: xxiv. Encomiendas and groups of Indians will be enabled to have sufficient religious instruction; xxv. The Indians of small encomiendas will be assigned to one town and will not be separated; 87 xxvi. An Encomendero may not add one encomienda or pension to another, and they may not be combined; xxvii. Small encomiendas, from which the benefit is personal service, may be added to others. Laws: xxviii. Provisions of Law 7, Title 7 of this book will be observed, and pensions will be allowed in very profitable repartimientos; xxix. Some of the income will be reserved for the Encomendero, and not all of it will be used for pensions; xxx. Large repartimientos will provide two thousand pesos for the Encomendero and the rest will be distributed in pensions; xxxi. No pension will be given which exceeds two thosuand pesos. Laws: xxxii. When an encomienda of Indians is vacated it may be assigned to the brother of the last possessor; xxxiii. When someone is given a specified allotment, all profits will be accounted for as assessed; xxxiv. What is allocated in tributes from the Indians to provide financial aid will be apportioned among persons in need, and will not exceed the amount determined for each year; xxxv. It will be allowable to defer the assignment of a repartimineto, if it appears that there are just reasons; xxxvi. No one will hold or take possession of more Indians than those who belong to his encomienda; xxxvii. The Yanaconas will not be.used in an encomienda as domestics or in compulsory public service against their will. Laws: xxxviii. Officers of the Royal Treasury will collect the four-month tribute from encomiendas in goods; xxxix. The four-month tribute from the encomiendas will be deposited in the strongboxes of the district; xxxx. The Repartimientos of Peru will not be established as encomiendas until they have been vacated for one year, and profits will be deposited in the Royal Treasury; xxxxi. Grants of Indians vacated will not be given if the Indians have been incorporated under the Crown; xxxxii. Income from Indians who were vacated will not be considered beneficial unless it includes responsibilities; xxxxiii. The Indians of Paraguay and Rio de la Plata will be incorporated under the Crown. Laws: xxxxiv. The Encomenderos and residents will defend the land, and this will be expressed in the titles to encomiendas; xxxxv. It will not be allowable to take Indians away from the Encomenderos until they have been heard; xxxxvi. It will not be allowable to take Indians from an Encomendero, if he has not committed a crime that carries with it loss of assets; xxxxvii. Before encomiendas are assigned the action will be preceded by proclamations, and a special clause concerning this will be included in the titles; xxxxviii. Titles to encomiendas are not to be given for more generations than allowed, upon penalty of nullification and return of that which was acquired; xxxxix. The number of Indians and the value and district of the encomienda will be stated in the titles, and the Royal Officers will 88 give notice in accordance will be dispatched in the provides; li. Encomiendas and these matters will be with this law; 1. Titles to encomiendas form and with the clauses that this law will not be established in the Indies, referred to the Council. 89 Title Nine: Concerning the Encomenderos of Indians Laws: i. Encomenderos will instruct their Indians, and protect and defend their property and physical well being; ii. Encomenderos will require the reduction and instruction of the Indians; iii. Encomenderos negligent in accomplishing the religious instruction of their Indians will not receive tributes, and those against religious instruction will be removed and exiled from the Province; iv. Encomenderos are to be obligated to defend the land. Laws: v. Encomenderos with encomiendas within the limits of two towns will choose one of them for a permanent residence, and will name a representative for the other; vi. Encomenderos will appoint their representatives and the government will approve them and fix their salaries; vii. The Guardian of an Encomendero may appoint a representative; viii. The obligation of the Encomenderos to keep weapons and horses will begin four months after they have received the Royal Letter of assignment; ix. Encomenderos in new lands should construct buildings of stone wherever the Governor decides; x. Encomenderos will reside in the main town of their encomiendas. Laws: xi. No Encomendero will own a house in the towns of his encomienda nor will he stay in any of the towns more than one night; xii. Indians are not obligated to build any house for their Encomenderos, and they will not do so; },:iii. No permission will be granted to Encomenderos to dwell in their Indian towns; xiv. Neither the Encomenderos personally nor their wives, parents, children, friends, guests, maids or slaves will go into the towns of their encomiendas, nor will they dwell in them; xv. The Negros of the Encomenderos will not communicate with the Indians; xvi. The Encomendero will pay damages for any harm done to the Indians by his family, friends, and guests; xvii. Encomenderos will not own any houses within the limits of their encomiendas nor will they take any advantage of the Indians. Laws: xviii. Encomenderos will not operate workshops in their encomiendas nor in the proximity; xix. Encomenderos will not breed swine in the Indi.an towns, and they will observe the laws; xx. No Encomendero will keep Indian women in his house from the group of Indians assigned to his encomienda; xxi. No Encomendero nor any other person will hinder the marriage of Indians; xxii. Encomenderos, mediators or trustees of Indians will not put them to work in the mines; xxiii. No Encomendero will rent his Indians or give them as pawn. Laws: xxiv. No resident in a Province will be allowed to keep Indians in another Province; xxv. Encomenderos will not absent themselves from their Province to go to another Province without the necessary permission; xxvi. Since the government grants so many privileges to Encomenderos to absent themselves from the Province in which 90 they have their encomiendas, the Audiencias may refuse some of these; xxvii. No permission will be given to Encomenderos to come to Spain, except for a very important reason; xxviii. Owners of encomiendas married or engaged in these Kingdoms may come for their wives; xxix. Encomenderos will not be provided with of fices or named captains outside their place of residence; xxx. Pensionaries are obligated to meet the same residency requirements as Encomenderos; xxxi. Encomenderos in the Province of Cartagena will fulfill their residency status in the city of Cartagena; xxxii. Encomenderos from Cuyo and Chile will maintain their residency status, except those engaged in war; xxxiii. Encomenderos of Cuyo will have their residences in Santiago, Chile. Laws: xxiv. No Encomendero will become a Notary, and if there are some they will have to choose between the office and the encomienda; xxxv. No revenues will be given to children of officers of the Royal Treasury; xxxvi. The Prelate and Governor will persuade those in charge of Indians to marry within three years; xxxvii. Encomenderos will swear that they will treat the Indians well. Title Ten: Concerning the Good Treatment of the Indians. Laws: i. The provision in the clause of the testament of the Catholic Queen (Isabella) concerning the instruction and good treatment of the Indians will be observed; ii. The good treatment of the Indians will be such that they do not fail to serve and to be occupied; iii. The Viceroys and Audiencias will be informed if the Indians are mistreated, and they will punish the guilty ones; iv. The Royal Justices will take action against those who are guilty of bad treatment of the Indians, and they will punish them severely; v. Much attention will be given to the way the Corregidores support good treatment of the Indians; vi. All Ministers and residents in the Indies will attend to the good treatment of the natives. Laws: vii. -T-he--Rr-e1ates, in accordance with this law, will always report concerning the condition, treatment, and doctrine of the Indians; viii. Laws and provisions will be observed whereby Priests and Church Officials are to treat the Indians well; ix. Indians will not make clothing for Ministers or Priests, nor will they buy more than the necessary items from them. Laws: x. Indians are not to be harmed by the carrying of supplies to the towns; xi. Indians will not be forced to go to the market, and if they go it is to be within three leagues; xii .. Indians are not to be forced to bring poultry to the Ministers, but they are to sell them in public; xiii. Indians will not be required to construct fences or clean the streets without pay; xiv. Indians will not be 91 employed in searching for graves or in digging for treasure. Laws: xv. Indian women are not to be confined for spinning and weaving for tributes that their husbands must pay; xvi. If it is necessary to use Indians for any personal work, it is to be at the time ordered; xvii. No Spaniard is to travel in a hammock-carriage or lit;ter unless he has an obvious infirmity; xviii. If Indians of Senorio are harmed, they will be allowed to make complaint to the Audiencias; xix. A Negro who mistreats an Indian will be punished in accordance with this law; xx. The Indians of Chile who serve will be well treated and given religious instruction. Laws: xxi. The punishment for crimes against Indians will be more severe than for crimes against Spaniards; xxii. Wherever offenses committed against Indians do not cease, this will be reported so that a Visitador will go there; xxiii. What has been ordered in the clause written by the Royal Hand of the King concerning the good treatment of the Indians will be observed. Title Eleven: Conc~rning the Succession o~Encomiendas, Maintenances and Aids. Laws: i. Concerning the Succession; ii. If the oldest son of an Encomendero does not succeed his father, the other children will succeed him according to succession in age; iii. The son who succeeds his father in the encomie!l_~a. wilJ _Sl.lppo_rt his brothers, sisters and mother, as long as she does not marry again; iv. Should the daughter who succeeds her father in his encomienda wed within one year from the assignment of the encomienda, she will support her mother and sisters; v. If the oldest son of an encomendero dies with his father still living, the son, grandson or descendant of the former will succeed the encomendero; vi. In order for the wife to be succeeded by her husband and vice versa, they must have been married for a period of six months; vii. If an Encomendero, married to a woman also in charge of an encomienda, were to choose the encomienda of his wife instead of the one already in his charge, it will be assigned to him with the same requisites; viii. If the husband dies, the Indians will return to his wife to whom they were entrusted before; ix. Children from the second marriage may succeed their mother in the encomienda inherited from her first husband, when these have been granted for three generations. Laws: x. After the death of the holder of an encomienda, it will be transferred ipso facto to the successor who may accept or reject it as it has been ordered; xi. If the successor to the encomienda dies before the title of assignment has been dispatched, the encomienda will be declared vacant; xii. The successor to the encomienda 92 will present himself within a period of six months under penalty of the loss of benefits; xiii. The benefits of the encomienda may be transferred as an allowance or dowry. Laws: xiv. Encomiendas assigned until the year 1607 in New Spain may be entrusted for three and four generations; xv. Rents from the encomiendas granted to anyone in New Spain after 1607 will be granted for two generations only; xvi. For the third and fourth generation the same process used for the second one will be applied; xvii. The wife will succeed her husband in the encomienda, and vice versa, in the third and fourth generation as it has been ordered for the second generation. Laws: xviii. If a discoverer who dies, it will be distributed among his his widow; xix. Those Priests and Nuns they were laymen and laywomen can keep Title Twelve: has an income from Our Treasury children or applied to assist favored with incomes while them during all of their lives. Concerning Personal Service Laws: i. The old form of personal service is prohibited, and permitted under certain conditions; ii. Indian laborers or tradesmen are not to be forced to serve for wages; iii. Indians will be paid for the time they work including travel to and from their work, and may travel ten leagues away; iv. Indians will be allowed to work voluntarily, and will be truly paid; v. Indians cannot be condemned to personal service for private persons. Laws: vi. Indians cannot be burdened against their will, or even if they are willing; vii. Wben Indians carry necessary supplies to places on their backs, it is personal service; v111. Supplies and other things may not be carried to the mines, nor to other places, by Indians; ix. Indians may not be burdened, except in the cases and under the conditions provided by this law; x. Where there are no open roads or pack animals, this law will be applied; xi. Indians may be hired to unload ships in the seaports, and to carry the supplies one-half league; xii. Actions will be taken against Ministers who have Indians carry burdens, or who take away their wives or properties; xiii. No Mestizo not a resident or legitimate son of a resident will be allowed to use Indians as carriers; xiv. In the cases permitted, Indians will not be used as carriers until they are eighteen years of age; xv. Where it is necessary to use Indians as carriers, the load will not be heavier than two arrobas; xvi. Negroes and Mulattoes may not have Indians in their service; xvii. If there is a cause or reason contrary to that which has been ordered, the Ministers will inform the King; xviii. The Corregidores will not give orders for Indians, but the Caciques will 93 attend to the carrying of goods, and they will allot the Indians. Laws: xix. It will be allowable to allot Indians under mita for work in the fields, raising of livestock, and work in the mines; xx. The assignment of Indians in repartimientos will be entrusted to ordinary Justices, and the Comisarios will be righteous persons, and they will lead the Indians, with good treatment and not at the expense of the Indians; xxi. The rnita in Peru will not exceed one-seventh of the population, and if it seems necessary to increase the number the Viceroy will inform Us; xxii. In New Spain repartimientos of Indians will not exceed four per cent; xxiii. No greater number will be taken from the Indians for mita than the number determined; xxiv. Having completed the period of their mita the Indians will return to their towns; xxv. The Indians will not be in a second mita until the time of the first mita is ended; xxvi. The Indians will not be detained for excessive periods, and the Viceroys, Presidents, and Governors will determine the hours; xxvii. The Caciques will be punished if they do not properly select Indians to serve under mita; xxviii. Indians under mita will be well treated and assisted, sto-rehouses will be established wherever advisable, and supplies will be sold to them at reasonable prices; xxix. Indians will not be sent under repartimiento for planting, or for other purposes, to different climates; xxx. No one will use Indians other than those under repartimiento, and they will use them only for the work designated; xxxi. More Indians or longer terms of service will not be requested by any illegal means or favors. / Laws: xxxii. Indians under Se'Ilorio will be treated the same as other Indians with respect to personal services; xxxiii. In places of ·special Senorfo repartimientos will be drafted in accordance with this law; xxxiv. Indians of Canta and Guamantanga will not be occupied with removing and carrying snow; xxxv. Indians from the town of Bogota,...will / assist in digging a ditch and making repairs; xxxvi. Residents of Rio de la Hacha will not use the Indians from the City of Los Reyes against / their will; xxxvii. Indians in Venezuela will not be taken to Cumana, la Margarita, or anywhere else to serve as rowers; xxxviii. Indians in Venezuela will not go to work in the fields or to mine gold at a further distance than allowed; xxxix. Indians in Yucar will not be compelled to go away to work; xxxx. For the service and repartimientos of the Indians in the Philippines, this law will be observed; xxxxi. The personal service of the Tanores in the Philippines will be stopped, as well as their contribution of fish. Laws: xxxxii. Indians will not be drafted under mita for any Ministers of Justice, Inquisitors, Accountants, officers of the Royal Treasury, or others; xxxxiii. Indians will not be drafted under repartimiento for Priests or Doctrineros, and this law will be observed with respect to the Tanores of the Philippines; xxxxiv. Repartimientos of Indians wi.11 be given to Doctrineros in Paraguay, Tucumcrri, and R{o de 94 la Plata, and that Indians will not be taken away from their towns; xxxxv. Indians will be given under mita to the Convents in Paraguay, Tucuman, and Ri~ de la Plata. Laws: xxxxvi. Salaries for executors who obtain Indians will not be subjected to monetary fines; xxxxvii. Taxes will not be commuted to personal service, and the Indians will pay taxes on an equal basis; xxxxviii. All the Ministers and Prelates will execute what has been ordered concerning the service of the Indians; xxxxix. A clause prohibiting personal service will be included in titles to encomiendas. Title Thirteen: Concerning the services on farms, in vineyards, in olive plantations, in textile workshops, in sugar factories, in pearl fisheries, in inns, on trains of loaded animals, on wagon trains, in homes, with cattle, and as rowers. Laws: i. Mitas and repartimientos necessary for the public welfare will continue; ii. If Indians do not ask reasonable prices for their wages, the Justices will fix their salaries. Laws: i11. Repartimientos for inns, trains of loaded animals, and wagon trains will be allowed in cases where it is unavoidable; iv. The Indians will be obligated to provide the inns with bread, wine, meat, and corn; v. The Indians will not provide anything to the inns unless they are paid for it. Laws: vi. Indians will not be provided under repartimiento for the cultivation of coca, vineyards, and olive plantations; vii. No Indian will receive his wages in wine, chicha, honey, or yerba del Paraguay; viii. Indians are not required to serve in textile or sugar factories; ix. Wives and children of Indians working on ranches are not to be forced to work; x. Indian boys may serve as volunteers in in textile workshops; xi. Indians are not to serve in pearl fisheries or sugar factories even if they volunteer; they may serve in cutting and carting the sugar cane; xii. Indians may be employed by contract for building projects, with the intervention of the Justices; xiii. Indians may not be contracted to serve for more than one year. Laws: xiv. Concerning the service of single and married women in homes of Spaniards; xv. If an Indian woman were to wed while serving she will remain in the same house for the duration of her contract. J,aws: xvi. Indians can not be made liable by penalties or demands for properties or luggage of Spaniards; xvii. We order that the Indian shepherd shall not pay for lost animals unless it has been agreed to in advance and he receives-an equivalent compensation; xviii. No 95 person who hires Indians may transfer any of them to ·any other person. Laws: xix. Repartimientos of Indians for working in vegetable gardens, on buildings, in water, on wood, and on other tasks shall cease; xx. Indian workers may sleep in their homes; xxi. Indians who are day-workers will be well treated and will attend Mass; they will not work on holy days, and they will live a Christian life; xxii. Indians who serve in homes will be instructed, supported, and healed as ordered; xxiii. The sick Indian may leave the house of his Master in order to be cured. Laws: xxiv. Neither the Justices, Royal Officials, nor any other persons shall have any Indians of the Crown at their service; xxv. The appointment of Stewards assigned to receive a percentage of the products will not be tolerated; xxvi. Negroes are to be acquired for rowing on the Rfo Magdalena, meanwhile Indians will perform this service. Title Fourteen: Concerning service in the cultivation of coca and indigo Laws: i. Indians who work in the cultivation of coca will be fairly treated and will not make use of it for superstitions and witchcrafts; ii. Ordinance concerning the coca; iii. Indians are not to work in the cultivation of Indigo, even though they volunteer. Title Fifteen: Concerning service in the mines Laws: Indians may be placed under repartimiento for the mines according to the nature of this law; ii. Indians who wish to work in the mines may do so; iii. Indians whether under mita or volunteers will be paid and the Justices will enforce this order; the mercury sold by the King will be supplied to mine owners at cost; iv. Indians under mita will not be supplied to those who are not owners of . . mines; mills, or other similar works; v. Indians under repartimiento will be distributed to owners and lessees of mines, and will not be employed in other occupations; vi. Indians under repartimiento tQ the mines are not required to furnish substitutes, nor are they liable for Indians that are absent, that have escaped, or that have died; vii. Process to be followed against mine owners who receive money from Indians under mita to excuse them from working; viii. Indians will only be distributed among owners of mines or mills, and not among unprofitable mine owners. Laws: ix. Indians and workers in the mines will be punctually paid every Saturday evening; x. Doctrinas will be established for Indians and slaves that work in the mines. 96 Laws: xi. Hines considered dangerous will not be exploited; the voluntary attendance of the Indians will be encouraged; xii. Indians will not be occupied in the draining of mines, even though they volunteer; xiii. Indians who work in the mines of Las Laxas will receive the salary and maintenance for the round trip in accordance with this law; xiv. Indians who work in the mines will not be taxed with the granos as they were before; xv. Indians under mita ·to Potosi will only serve in the mines and will not work in other tasks; xvi. The general distribution of Indians for Potosi will be equally made among owners of mines and factories; xvii. Settlements for Indians to be employed in the mines will be established in the region of Potosi; xviii. Indians will not be distributed to individuals who do not have mines or factories in production in El Cerro de Zaruma and in other towns; xix. The form of this law concerning the Indians who are to work in the mines of Zaruma will be observed; xx. Regulation for the repartimiento of Indians in the mines of Guancavelica; xxi. The places where there are mines of mercury will be populated with Indians--who will be favored. Title Sixteen: Con~erning the Indians of Chile Laws: i. Personal service of Indians is prohibited in Chile; ii. Presidents, the Audiencia, and Protectors in Chile will observe what has been resolved concerning the fair treatment of the Indians; iii. Indians of Chile may be placed in encomienda unless they have a special exemption; iv. Caciques and their oldest sons will not pay tribute or join the mitas; v. The Indians of Chile described in this law will be under the Royal Patrimony and will not be eligible for encomienda; vi. Since the beginning of the defensive war the Indians responsible for the war will not be eligible for encomienda but will be placed under Our Royal Crown; vii. Indians not eligible for encomienda and placed under the Royal Crown will not be resented or assigned to the mita; viii. The general interpreters in Chile will also have the office of Protectors, without a new salary; ix. Those Indians who were captured and have now been set free will be eligible to the encomienda; x. Indians under Our Royal Crown will be occupied in tasks related to the Royal service~ in the manner and with the payment established by this law; xi. Foreign Indians will not be eligible for encomienda; they will not pay tribute and will be allowed to work and have employment at their wish. Laws: xii. Concerning the tribute to be paid by Indians of Santiago, La Concepcion, San Bartolom' de Gamboa, and La Serena and the termination of the salary collected by the Corregidores in goods from the community or from the Indians; xiii. The Indians of these four cities will have a Protector; xiv. Concerning the tribute to be paid by the Indians of the cities of Mendoza, San Juan, and San Luis 97 de Loyola; xv. Concerning the tribute to be paid by the Indians of the city of Castro and Chilow; xvi. The Indians under repartimiento will not be employed in the extraction of gold but in the cultivation of fields and raising of cattle; xvii. Indians who become ill while under the mita will not pay the tribute while the sickness lasts; xviii. Concerning the wages to be paid to each Indian in Santiago, La Concepcion, San Bartolome, La Serena, and other cities. Laws: xix. One third of the Indians will be drafted for mita for working in the cultivation of the fields and raising of cattle; xx. Concerning the manner for distribution of the Indians; xxi. Concerning the period of time to be served by the Indians; xxii. The Indians will rest during the holy days, and will only be allowed to hire themselves out for a few days; xxiv. The Indian under mita will pay his tribute and that of two other Indians; xxv. The portions of the tribute assigned to Doctrina, Justice, and the Protector will be paid in currency; xxvi. After the days worked for the payment of tribute, the Indians under mita will serve fifteen more days without payment; xxvii. The President or Governor may distribute these 207 days of mita among all the Indians, if in his opinion it seems advantageous; xxviii. The wives, sons, and daughters of t-he Indians will not be required to serve in the mita. Laws: xxix. Indian boys may tend cattle if this is their wish and the wish of their parents; xxx. Concerning the application of Law xi, Title I of this book in Chile; xxxi. Concerning the number of Indians the Encomenderos may occupy as shepherds and the days they have to serve. Laws: xxxii. The resident that the Indians under mita serve will guarantee the payment; xxxiii. No one may rent or apply as alms the work of Indians under mita; xxxiv. Indians under mita will not serve as masons or in any other similar work; xxxv. The third of the Indians under mita described in this law will not cross the Cordillera to go to Chile, but will stay where they are occupied in the cultivation of the land and the raising of livestock; xxxvi. The laws of this book will be observed concerning the residence of the Encomenderos of Cuyo and Chile; xxxvii. If some of the Indians under mita are not required in the city of Castro, on the other side of the Cordillera, they will pay the tribute according to this law. Laws: xxxviii. Indians of Chile will live in reduccion in their towns; xxxix. Indians exempt from living in reducciones will pay the tribut~ in the place where they reside; xxxx. If any Indian wants to remain at the house, farm or ranch of the Encomendero he may do so provided he has permission from the Governor; xxxxi. No one may take the Indians away from their reducciones; xxxxii. The two thirds of the Indians remaining in each town will elect an ordinary Alcalde; 98 xxxxiii. Cattle ranches are not to be established near the reducciones; xxxxiv. Law xi, Title V of this book will be observed in Chile; xxxxv. If Indians are not skillful in their crafts they will be included in the third available for the mita; xxxxvi. Indians living on ranches will not be taken away from them without permission; xxxxvii. Indians referred to in the previous law will serve 160 days; xxxxviii. Lands and tools fo! cultivation will be given to the Indians who work on the ranches; xxxxix. Indians of the ranches will receive one real per day, and nothing else; 1. After the 160 days of mita, the Indians of the ranches will remain free to do as they wish for the rest of the year; li. Concerning what has been ordered for the wives and children of the Indians of Chile; lii. One fourth of the Indians of the ranches may be occupied as shepherds; liii. The ranch owners will pay the Doctrina, Corregidor, and Protector in currency; liv. If some of the Indians of the ranches are left without Encomenderos, they will not be taken from the places where they live; lv. Indians living on ranches will be assigned to the nearest town. Laws: lvi. Indians of the cities will serve in them and the Governors will see that they are fairly treated; lvii. Concerning the payment to be received by the Indians of the cities according to their age; 1 viii. Law xv. Title XIII of this book will also be observed in Chile; lix. No one may hire the Indians for domestic tasks or apply their work as alms; lx. A Mass will be celebrated at sunrise every Holy Day for the Indians working in domestic services. Laws: lxi. What has been ordered in the previous law will also be observed among those Indians who serve in military camps and forts, and that all the Indian women who are single will stay together in one place; lxii. The Corregidores will make lists of Indians subject to tribute who will be forced to serve under the mita, and of those who are not obligated to pay the increase of the tribute; lxiii. Dances and public celebrations of the Indians will not take place during sowing or harvest time; lxiv. Protectors will protect the Indians, otherwise they will be subject to the visita and will be punished; lxv. 200 Indians of those subject to pay tribute will be assigned to each Doctrina in accordance to this law; lxvi. The two remaining thirds of the Indians will make materials necessary for building churches, etc.; lxvii. Indians already incorporated under the Crown and those in repartimiento will build their own churches. 99 Title Seventeen: Concerning the Indians of Tucuman, Paraguay, and Rio de la Plata Laws: i. No assignment of Indians for personal service will be granted in Tucuman, Ri~ .,,.de la Plata, and Paraguay; ii.- Indians · may work for hire in the Rio de la Plata, Tucuman, and Paraguay; iii. Indians may be hired for services except for the gathering of yerba del Paraguay, as is ordered in this law. Laws: iv. Concerning the loading of Indians with burdens in Paraguay this law will be observed; v. Concerning the service to be performed by the twelfth part of the Indians of Tucuman, Paraguay, and Rio de la Plata under mita, and the way it is to be established; vi. Concerning the prohibition from taking Indians out of their reducciones and towns, and distances they will be allowed to go. ~ Laws: vii. The Indians of these provinces may pay their tax in currency or in kind; viii. Indians between eighteen and fifty years of age will be registered as taxable after the harvest; ix. No Indian, whether married or not, will be subject to payment of , tribute in Tucuman, Rio de la Plata, and Paraguay until he is eighteen years of age; Xe Administrators or Stewards will be in charge of the management of mitas and collection of taxes. Laws: xi. Indians are not to receive only carob beans for sustenance; xii. Concerning the value of the day's wages fixed for the Indians in these provinces; xiii. No Indian woman may leave her town to suckle the baby of a Spaniard if her own is alive. Title Eightee.n: Concerning the Sangleyes * Laws: i. The number of Chinese and Japanese will be limited, and the Governors ·will be watchful of this; ii. Permission to remain in the province will be given in the presence of Royal Officials who will register them; iii. No fees for permission to trade will be paid by Chinese who have become Christians; iv. The Sangleyes will not be subject to personal services, and they will be fairly treated. Laws: v. What has been stated in Law lv, Title XV, Book II will be observed; vi. Concerning the extension of Laws xxiv, Title III, Book V, in relation to the discernment of cases in El Parian; v11... The Sangleyes who become Christians are not to pay trib·u.t-e--f.G-1~----------·-·····-·--···- ten years; viii. The Chinese who wed in Manila will be assigned to a town; ix. Concerning qualities related to the persons and the treat- *Chinese (or other East Asian) traders in the Philippines. 100 ment of the Sangleyes; x. The Sangleyes of the Philippine Islands will not receive any hann, especially in matters referred to in this law, rather they will be fairly treated. Laws: xi. No assessment in hens will be in Manila; xii. Any amount of money remaining the Sangleyes will be discounted from the tax lowing year; xiii. No resident of Manila will made among the Chinese in the strongbox of assessments of the folhave Sangleyes in his home~ Title Nineteen: Concerning the Ratifications of the Titles of Encomiendas, Pensions, Rents, and Offices Laws: i. Our confirmation will be stated in the titles of encomiendas, pensions, rents, and offices; ii. Titles of the favors granted by Royal Certificates will also receive Our ratification; iii. The merits related to the persons to whom any pension is assigned, together with Our confirmation, .will be contained in titles of assignment; iv. Neither favors nor their incomes and rents will be given to anyone until they have secured Our confirmation; v. One clause, with reference to the.necessity to present a power (of attorney?) in ord~r to obtain confirmation from the Council, will be stated in every title; vi. Concerning the period allowed for the obtention, procedures, and presentation of confirmation of encomiendas.